Michael Emmanuel v. ADP Totalsource Co XXI Inc, a Miami workers’ compensation case, regarded an order for a one-time change of physician (OTC). Though the OTC was awarded, it was found that the claimant’s complaints were related to a pre-existing condition, causing the employer to withdraw their compensation.
After examination of the situation, it was found that the employer had advised the OTC to solely perform an examination of the claimant, and refrain from informing them of any additional information on the major contributing cause or future treatment. Although treatment may be determined to be unrelated to the work injury, it was decided that the OTC still needed to examine the claimant and make their own opinion on the matter.
The employer was premature in refusing the OTC order, and the claimant’s request to return to their doctor was granted.
Claim for follow-up appointment GRANTED
Attorney fees GRANTED